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Part IIE+W+S General Medical, General Dental, General Ophthalmic, and Pharmaceutical Services

Modifications etc. (not altering text)

C1Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table

C2Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1

C3Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1

Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1

General dental servicesE+W+S

36Regulations as to s. 35.E+W+S

[F1(1)]Regulations may provide as to the arrangements to be made under section 35 above, and shall include provision—

(a)for the preparation and publication of lists of dental practitioners [F2and dental corporations] who undertake to provide general dental services;

(b)for conferring a right, subject to [F3[F4subsections [F5(2) to (7)]]below [F6 to any provision made under section 43C below] and to] the provisions of this Part of this Act relating to the disqualification of practitioners [F7and to section 8 of the Health and Medicines Act 1988 and regulations under that section], on any dental practitioner [F8or dental corporation], who wishes to be included in any such list, to be so included;

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for the removal from the list of dental practitioners [F2and dental corporations] undertaking to provide general dental services for persons in any [F10area] of the name of any one in whose case it has been determined in such manner as may be prescribed that he has never provided, or has ceased to provide, such general dental services for persons in that [F10area].

[F11(1A)The regulations may include provision as to—

(a)information which must be supplied to a Health Authority by, or by arrangement with, a dental practitioner or dental corporation included or seeking inclusion in a list referred to in subsection (1)(a); and

(b)the supply to a Health Authority—

(i)by a dental practitioner who is included, or seeking inclusion, in such a list, or

(ii)by a director of a dental corporation included, or seeking inclusion, in such a list,

of a criminal conviction certificate under section 112 of the Police Act 1997 (c. 50), a criminal record certificate under section 113 of that Act or an enhanced criminal record certificate under section 115 of that Act.]

[F12(2)No dental practitioner who is a national of a member State and is registered by virtue of a qualification granted in a member State shall be entitled to have his name included in the list kept by any [F13Health Authority] unless he satisfies [F13the Health Authority] that he has that knowledge of English which, in the interests of himself and his patients, is necessary for the provision of general dental services in the [F13Health Authority’s area].]

[F14(3)Regulations may make the exercise of the right conferred by virtue of paragraph (b) of subsection (1) above subject to any provision made by or under the regulations, and, in such cases as may be prescribed, may confer a right of appeal to a prescribed body in respect of a refusal to include a dental practitioner [F8or dental corporation] on such a list as is referred to in paragraph (a) of that subsection.]

[F15(4)The provision which may be made by regulations under subsection (3) includes, in particular, provision in relation to grounds on which a Health Authority may, or must, refuse to include a dental practitioner or a dental corporation in a list referred to in subsection (1)(a) (including grounds corresponding to the conditions referred to in section 49F(2), (3) and (4) as read with section 49H below).

(5)Those regulations may make provision in relation to criteria to be applied in making decisions under the regulations.

(6)If those regulations provide that a Health Authority may refuse to include a dental practitioner or dental corporation in such a list, they must also provide for an appeal (by way of redetermination) to the FHSAA against the Health Authority’s decision.

(7)Regulations may provide for grounds on which a Health Authority may defer a decision whether or not to grant an application for inclusion in a list referred to in subsection (1)(a).

(8)Regulations may make provision as to the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about dental practitioners and dental corporations seeking inclusion in such a list, and refusals by the Health Authority to include them.]

Textual Amendments

F2Words in s. 36(1)(a)(d) inserted (22.11.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 22(3)(a)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I

F3Words inserted by S.I. 1981/432, art. 3(3)(a)

F5Words in s. 36(1)(b) substituted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(4)(a), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F8Words in s. 36(1)(b)(3) inserted (22.11.2001 for E. and otherwise prosp.) by 2001 c. 15, ss. 22(3)(b)(d), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I

F10Words in s. 36(1)(d) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 25(a)

F11S. 36(1A) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(4)(b), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

F13Words in s. 36(2) substituted (28.6.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8(1), Sch. 1 Pt. I para. 25(b)(i)(ii)(iii) (with Sch. 2 para. 6)

F15S. 36(4)-(8) inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and otherwise prosp.) by 2001 c. 15, ss. 20(4)(c), 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II

Modifications etc. (not altering text)